[Adopted 1-3-2007 by Ord.
No. 2007-02]
[Amended 12-14-2022 by Ord. No. 2022-04]
That a certain document, one copy of which is on file in the Borough office of the Borough of Lansford, being marked and designated as the "International Property Maintenance Code, 2021 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Lansford, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Lansford are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in §
320-2 of this article.
[Amended 30; 12-14-2022 by Ord. No. 2022-04]
The following sections are hereby revised:
A. Section 101.1. Insert: "Borough of Lansford."
B. Section 103.1. Insert: "The Borough Council shall have the authority
to create the Office of the Department of Code Enforcement of the
Borough of Lansford. The administration of the International Property
Maintenance Code, 2021 Edition, shall be carried out by this office.
The position of Chief Code Enforcement Official and such other positions
appropriate to have authority to enforce this article is hereby created."
C. Section 103.2. Insert: "The Lansford Chief Code Enforcement Official,
other officials, and any deputies shall be appointed by, and shall
serve at the pleasure of Lansford Borough Council. The Chief Code
Enforcement Official shall report directly to the Council President
and also make reports to Council from time to time."
D. Section 103.3. Insert: "The Borough Council shall have the authority
to appoint such deputy code officials, other related technical officers,
inspectors and other employees, subject to the creation of the positions
as approved by Borough Council. Deputy appointees, under this section,
shall report to the Chief Code Official and to the Council President."
E. Section 103.5. Insert: "Schedule of permit fees: The fees for activities
and services performed by this department in carrying out its responsibilities
under this code shall be in accordance with the Fee Schedule as established
by the Borough of Lansford, by resolution."
F. Section 302.3. Shall read as follows: "302.3. Sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar
areas for public use shall be kept in a proper state of repair, free
of all snow, ice, mud, overhanging trees, shrubs and other debris
which obstruct walkways shall be maintained free of hazardous conditions.
Removal of snow and/or ice is to be accomplished so that a walkway
of at least three feet in width shall be cleared along the entire
extent of such sidewalk, within 24 hours after the same has ceased
to fall or to be formed."
G. Section 302.4. (Page 9, second and third line) Insert: "eight inches."
H. Section 302.8. Shall read as follows:
302.8. Motor vehicles.
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(A)
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No person shall abandon and/or store any unregistered vehicle
on private property within the Borough of Lansford. No vehicle at
any time shall be in a state of major disassembly, disrepair or in
the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
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(1)
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A vehicle, other than a pedalcycle, shall be presumed to be
abandoned under one or more of the following circumstances, but the
presumption is rebuttable by a preponderance of the evidence:
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(i)
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The vehicle is physically inoperable and is left unattended
on private property for more than 48 hours.
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(ii)
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The vehicle has remained illegally on private property for more
than 48 hours.
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(iii)
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The vehicle is left unattended on private property for more
than 48 hours and does not bear the following:
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(a)
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A valid registration plate.
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(b)
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A current certificate of inspection.
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(c)
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An ascertainable vehicle identification number.
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Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purpose, that is an accessory use incidental to the dwelling
as defined in the Borough of Lansford Zoning Ordinance of 2003, as
amended. All wrecked car parts and similar unused components of a
junk vehicle must not be stored on any private property in clear view
of the public right of way.
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(B)
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A vehicle shall be deemed to be abandoned when it remains on
private property for more than 48 hours and any of the following conditions
apply:
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(1)
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The vehicle is physically inoperable.
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(2)
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The vehicle is left unattended.
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(3)
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The vehicle does not have a valid registration plate.
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(4)
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The vehicle does not have a current certificate of inspection.
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(5)
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The vehicle identification number (VIN) is not ascertainable.
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(6)
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The vehicle remains without the consent of the owner or person
in charge of the property.
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(C)
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If the owner of an abandoned and/or junked motor vehicle cannot
be located or does not remove the vehicle, the Code Official shall
contact the Lansford Police Department, who is authorized to remove
said vehicle under Transportation, 67 Pa. Code, Chapter 253, titled
"Salvors and Vehicles," and Title 75, Chapter 73 of the Abandoned
Vehicles and Cargos Code of the Commonwealth of Pennsylvania.
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(D)
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Any vehicle undergoing major overhaul, including body work,
shall be registered to the owner of the property where such work is
being done or registered to the lawful resident/tenant of the property
where the work is being done.
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I. Section 304.14. (page 10, first and second line) Insert: "May 15
to October 1."
J. Section 602.3. (page 17, fifth line) Insert: "October 1 to May 15."
K. Section 602.4. (page 17, third line) Insert: "October 1 to May 15."
Ordinance Number 98-3 of the Borough of Lansford entitled "BOCA
National Property Maintenance Code, Fifth Edition, 1996," as published
by the Building Officials and Code Administrators International, Inc.,
and Ordinance Nos. 99-4, 2005-03 and all other ordinances or part
of ordinances in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this
article is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this article.
The Borough of Lansford hereby declares that it would have passed
this article, and each section, subsection, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Nothing in this article or in the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing, under any act or ordinance hereby repealed as cited in §
320-3 of this article, nor shall any just legal right or remedy of any character be lost, impaired or affected by this article.
The Lansford Borough Secretary is hereby ordered and directed
to cause this article to be published and that this article and the
rules, regulations, provisions, requirements, orders and matters established
and adopted hereby shall take effect and be in full force and effect
30 days from and after the date of its final passage and adoption.
[Adopted 12-13-2013 by Ord. No. 2013-02]
Lack of maintenance of properties, improper storage of trash
and rubbish, storage of inoperable/nonregistered vehicles, and accumulation
of snow and ice are costly problems that contribute to the deterioration
of property values and general disorder in a community. These problems
degrade the physical appearance of the Borough, which reduces business
and tax revenue, inhibiting economic development. The quality of life
and community pride of the citizens of Lansford are negatively impacted
by the occurrence and existence of these activities. Recognizing these
are community problems, the purpose of this article is to promote
the health, safety and general welfare of the Borough by helping to
create a clean environment for the citizens of Lansford.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
HAZARDOUS WASTE
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
A.
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness.
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
INDOOR FURNITURE
Any and all pieces of furniture which are made only for inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
JUNKED VEHICLE
A.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state or condition
of disrepair:
(1)
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
(2)
Broken glass or windows on or in the vehicle.
(3)
Leaking of any fluids from the vehicle or deflated or flat tire(s).
(4)
Unsecured and/or unlocked doors, hood, or trunk.
(5)
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
(6)
Harboring of rodents, insects, or other pests.
B.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also the definition
of "motor vehicle nuisance."
LITTER
Includes, but is not limited to, all waste material, garbage,
trash, wastepaper, tobacco products, wrappers, food or beverage containers,
newspapers, etc., municipal waste, human waste, domestic animal waste,
furniture or motor vehicle seats, vehicle parts, automotive products,
shopping carts, construction or demolition material, recyclable material,
and dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited, or disposed.
LOCAL RESPONSIBLE AGENT
Any person residing or working within the Borough of Lansford
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
MOBILE VENDOR
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Borough
that does not typically remain stationary for more than approximately
10 minutes each hour.
MOTOR VEHICLE
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
MOTOR VEHICLE NUISANCE
A motor vehicle with one or more of the following defects:
A.
Broken windshields, mirrors, or other glass, with sharp edges.
B.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
C.
Any body parts, truck, fire wall, or floorboards with sharp
edges or large holes resulting from rust.
D.
Protruding sharp objects from the chassis.
E.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
H.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
I.
Disassembled body or chassis parts stored in on or about the
vehicle.
J.
Vehicles that do not display a current valid license and registration.
K.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
L.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials or organic waste.
NOTICE OF VIOLATION
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
NUISANCE
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough, or causes a blighting effect in Borough neighborhoods.
See also the definition of "public nuisance."
OWNER
A person, agent, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property or otherwise having control of the property, including the
principals of a limited-liability
company or officer, director or shareholder of a corporation if that
individual is responsible for the management and control of the property;
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
PERSON
Every natural person, firm, corporation, partnership, association,
or institution.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
PUBLIC OFFICER
Any police officer, authorized inspector, or public official
designated by the Borough to enforce the Borough ordinances.
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
RESIDUAL WASTE
Any discarded material or other waste, including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
RUBBISH
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
SIDEWALK AREA
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
SOLID WASTE
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
VEGETATION
Any planting that is cultivated and managed for edible or
ornamental purposes, such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
VIOLATION TICKET
A form issued by a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the Borough of Lansford extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
WEEDS
A.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
(1)
Exceed eight inches in height.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion,
and miscellaneous other vegetation commonly referred to as weeds or
brush.
(3)
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
(4)
May cause a public nuisance.
B.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes, such as vegetable gardens, trees,
shrubs, flowers, etc.
YARD
An open space on the same lot with a structure.
A person, owner, or responsible person commits a quality of
life violation by any of the following:
A. Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
B. Animal maintenance and waste/feces clean-up. People owning, harboring,
or keeping an animal within the Borough of Lansford shall not permit
any waste matter/feces from the animal to collect and remain on the
property so as to cause or create an unhealthy, unsanitary, dangerous,
or offensive living condition. All waste from animals must be cleaned
up on a daily basis.
C. High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of eight
inches (254 mm). All noxious weeds shall be prohibited. Weeds shall
be defined as all grasses, annual plants, and vegetation. Cultivated
flowers, gardens, trees, and shrubs shall not be included as a violation
of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Motor vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle on any premises. No vehicle shall at any time be in a state
of major disassembly, disrepair, or in the process of being stripped
or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
E. Outside placement of indoor appliances/furniture. It is prohibited
to store or place any/all appliances or furniture, including, but
not limited to, ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs, or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property.
F. Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the Borough of Lansford, is required to remove
any snow or ice from their sidewalk within 24 hours of the cessation
of said snow and ice falling. Furthermore, they must create a path,
free from any snow or ice, of three feet on said sidewalk. Should
any property be a place of business within the Borough of Lansford,
all snow and ice must be removed within 24 hours of the cessation
of said snow and ice falling. Any property that is deemed a business
must have the entire sidewalk free from any snow and ice. If and/or
when the snow and/or ice cessation happens during the hours of darkness,
the time limit of removal of all snow and ice begins at daybreak.
G. Storage containers for waste or trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, watertight, and made of metal or plastic. Containers
must have tight-fitting covers, and must be kept clean and odor free
at all times. All containers must be stored in the rear of every property
or in a location that said containers are not visible from the public
right-of-way. The persons occupying any dwellings are limited to five
containers not exceeding 20 gallons or 50 pounds in weight each and
one large item. Waste/trash containers may only be placed in front
of any property when darkness occurs the night before the day of the
scheduled waste/trash pickup day. Once the licensed hauler removes
the waste/trash from any property, all containers must be returned
to the rear of any property before daybreak on the day following pickup.
(Example: Jim Smith's trash collection day is Wednesday. Jim Smith
may place his trash containers out front of his property on Tuesday
night, once night falls. Jim Smith must place his trash containers
in the rear of his yard before daybreak on Thursday morning.)
Upon finding a quality of life violation, any public officer
of the Borough of Lansford, may issue quality of life violation tickets
to the owner and/or occupant of the property at issue or to the individual(s)
known to have violated this article.
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served to an adult member of the household or other person in charge
of the residence, by leaving or affixing the notice or violation ticket
to the property where the violation exists, by handing it at any office
or usual place of business of the violator, to his/her agent or to
the person for the time being in charge thereof, or by mailing the
notice to the violator's address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Carbon County.
The Magisterial District Judge may order the violator to make
restitution to said real or personal property owner and to the Borough
of Lansford for the costs of prosecution including the fees of the
Code Official.
At the discretion of the Borough of Lansford, all tickets for
which payment is not received within 45 days of issuance of a ticket
for which an appeal is not taken, and 45 days from denial of appeal
and monies paid by the Borough of Lansford for abatement of a violation
not paid within 45 days of billing, may be turned over by the Borough
to a collection agency for receipt.
At the discretion of the Borough of Lansford, liens may be placed
upon a property against which tickets were issued for which payment
is not received within 45 days of issuance of a ticket for which an
appeal is not taken, and 45 days from denial of appeal and monies
paid by the Borough of Lansford for abatement of a violation and not
paid within 45 days of billing.
The penalty lien and collection provisions of this section shall
be independent, non-mutually-exclusive separate remedies, all of which
shall be available to the Borough of Lansford as may be deemed appropriate
for carrying out the purposes of this article. The remedies and procedures
provided in this article for violation hereof are not intended to
supplant or replace to any degree the remedies and procedures available
to the Borough in the case of a violation of any other Borough of
Lansford code or codified ordinances, whether or not such other code
or ordinance is referenced in this article, and whether or not an
ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this article.
If any provision, paragraph, word, section, or subsection of
this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsection
shall not be affected and shall remain in full force and effect.
All relevant ordinances, regulations, and policies of the Borough
of Lansford, Pennsylvania not amended shall remain in full force and
effect. If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such decision shall not affect
the validity of the remaining portions of this article. Any ordinance
or part of an ordinance conflicting with the provisions of this article
shall be and the same is hereby repealed to the extent of such conflict.
This article shall be effective immediately upon passage and
approved in the manner prescribed by law.